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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SAN DIEGO (CNS) - A convicted sex offender will be released from a state hospital and placed at a sheriff's facility in Jacumba Hot Springs, where he will continue treatment in a conditional release program, a San Diego judge ruled Monday. Alan Earl James, 56, was convicted in 1981 and 1986 of numerous sex-related felonies involving several minor victims -- who included younger family members -- and sentenced to 28 years in state prison. James, who is classified as a ``sexually violent predator,'' was committed to Coalinga State Hospital, where he was undergoing treatment ``for an indeterminate term'' until he petitioned for a monitored conditional release last summer, prosecutors said. By April 25, James will be placed at 45612 Old Highway 80 in Jacumba Hot Springs. RELATED: San Diego County Supervisor asks state to look into placement of sexually violent predatorsPlacement at the facility was proposed by the California Department of State Hospitals. San Diego County Superior Court Judge Albert Harutunian -- who recommended James' integration into the conditional release program last fall based upon the evaluation of psychiatric experts -- ruled that the Jacumba Hot Springs facility meets the criteria for placement. James' impending release was met with opposition last week during another hearing in Harutunian's courtroom, which drew a crowd that included his former victims, county Supervisor Dianne Jacob and members of the community. Harutunian told attendees that he understood their opposition to James' release, but said citizens would be better suited directing their concerns towards the legislature, which determines sentencing guidelines and penalties for offenders. RELATED: Hearing held to determine placement of convicted 'sexually violent predator' in San DiegoRobert N., who now lives on the East Coast, said he flew 3,000 miles to make his voice heard regarding James' release. He said James held a butterknife to his neck and threatened to kill him if he told anyone about the abuse, which happened to him and his siblings more than 30 years ago. ``My biggest fear is that this time, he'll end up killing a kid,'' he said. ``I understand that he's going to be monitored and all that, but eventually, there's going to come to a point where someone's going to turn their head or something and not be paying attention and that's where he's going to end up striking.'' Robert N.'s sister, who went by L.N. while speaking to the court, said James assaulted her when she was 4 years old, and urged Harutunian to have James placed in a facility apart from communities where children and families live. RELATED: Dianne Jacob slams proposed placement of predator: 'He has no place in our community'``I feel he will re-offend given the opportunity,'' she said. Following his conviction and release for abuse committed against her and her siblings, L.N. said James assaulted another girl and was convicted again. ``I understand he has to be released. However, he just does not need to be in the community of San Diego,'' she said. ``I no longer live in San Diego. However, I still have family here, family that are children, as well as adults, and will all be impacted by this. I just fear that he will hurt another child and I don't want that to ever happen again.'' RELATED: San Diego's newsmakers: Supervisor Dianne JacobJacob, whose district includes Jacumba Hot Springs, said the rural communities of eastern San Diego County have experienced ``an over-concentration'' of sexually violent predator placements and have become ``easy pickins'' for the placement of sex offenders. According to Jacob, nine sexually violent predators have been placed in Jacumba Hot Springs, Campo and Boulevard. ``There are not the resources, there are not the services out there (in the East County) in order to support the ongoing treatment of sexually violent predators, yet the state has chosen to place nine of these in these communities anyway, and I believe it's wrong and enough is enough,'' Jacob said.Editors note: This story has been corrected to show that the placement of Alan James was the responsibility of the California Department of State Hospitals, not the San Diego County Sheriff's Department. 4237

SAN DIEGO (CNS) - A former Navy police officer who engaged in sexual acts with a 14-year-old Oceanside girl after convincing her on social media to send him sexually explicit photos, was sentenced 20 years in federal prison Monday.Isaiah Smallwood Jackson of Vista was convicted last fall of sexual exploitation of a minor and enticement of a minor after he convinced the girl to send him nude photos, then meet for sex outside her home. He was 21 at the time and is now 23.Following his prison term, Jackson will be on supervised released for 10 years and will be required to register as a sex offender, which will preclude him from initiating contact with minors, loitering in places primarily frequented by minors, or using the Internet unless the device can be monitored by U.S. probation officers.RELATED: Jury convicts man of using social media to convince 14-year old to have sex with himProsecutors say Jackson met the girl on an app called "Spotafriend." Her online profile indicated she was 14 years old, yet when she asked Jackson if it was bad that she still wanted to "cuddle" with him, he told her, "Not at all, is it bad that I don't care about your age?" according to court documents.The two continued talking over text messages, during which he attempted to persuade her to meet up with him for sex, despite her stating she was nervous and unsure if they should meet.Jackson responded by telling her, "Please I'm dying to see you."When she said, "I know it's hard to say yes because I only known you for 2 days over the phone," Jackson responded, "Take a leap of faith?" according to court documents.Eventually, he went to the girl's home, where they engaged in sexual acts outside the house.After he left, the victim told her sister, who contacted police. Oceanside police officers arrested Jackson four days later. 1841

SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761

SAN DIEGO (CNS) - A federal judge in San Diego said Friday he is encouraged by the government's plan to locate parents who were either deported or released into the United States after being separated from their children at the border as part of the Trump administration's "zero tolerance" policy on 307